2006 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co. The supplemental NADA provides for use of ceftiofur crystalline free acid suspension via a new injection site in beef and nonlactating dairy cattle, for use in lactating dairy cattle for the treatment of respiratory disease, and for the establishment of a 13-day pre-slaughter withdrawal period in cattle. FDA is also amending the regulations to revise the tolerance for residues of ceftiofur in bovine kidney to accommodate these new conditions of use.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co. The supplemental NADA provides for revised food safety labeling for mepivacaine injectable solution used in horses for local anesthesia.

This document withdraws our April 26, 2005 finding that joint stock company Multibanka (``Multibanka'' or the ``bank'') is a financial institution of primary money laundering concern and our notice of proposed rulemaking recommending the imposition of a special measure, pursuant to the authority contained in 31 U.S.C. 5318A of the Bank Secrecy Act.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision establishes and requires major new and major modified sources of volatile organic compounds (VOCs) or nitrogen oxides (NOX) to meet certain nonattainment New Source Review (NSR) requirements if they are located (or are proposing to locate) in Virginia's portion of the Ozone Transport Region (OTR). The intended effect of this action is the approval of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for NSR in the OTR.

The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on June 28, 2006 (71 FR 36671). The error resulted in the misidentification of the manufacturer name in the product identification line of the regulatory text. This AD applies to certain Boeing Model 757-200 series airplanes. This AD requires a one-time deactivation of the auxiliary fuel system, repetitive venting and draining of the auxiliary fuel tank sumps, and revising the Limitations section of the airplane flight manual to limit the maximum cargo weight.

The proposed rule would implement measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) to facilitate conservation and management of AMLR. The proposed rule would require the use of the Centralized satellite-linked vessel monitoring system by all U.S. vessels harvesting AMLR and would be a condition of import for all U.S. dealers seeking to import shipments of toothfish (Dissostichus) into the United States. This proposed rule would also exempt all shipments of fresh toothfish from the NMFS preapproval process and allow importers of frozen toothfish to submit the U.S. Customs 7501 entry number subsequent to their initial application for preapproval. The proposed rule would require the use of Electronic Catch Documents, after a 60-day transition period, for all U.S. dealers seeking to import shipments of toothfish into the United States. Paper-based catch documents for toothfish would no longer be accepted. The proposed rule would also require the use of a seal excluder device on krill vessels using trawl gear in the Area of the Convention for the Conservation of Antarctic Marine Living Resources (Convention Area). The proposed rule would add or amend definitions of ``Antarctic marine living resources'', ``export'', ``import'', ``international observer'', ``land or landing'', ``mobile transceiver unit'', ``national observer'', ``Office for Law Enforcement (OLE)'', ``Port State'', ``re-export'', ``seal excluder device'', ``transship or transshipment'', and ``vessel monitoring system (VMS)''. The proposed rule would also expand the list of requirements and prohibitions regarding scientific observers and clarify the duties and responsibilities of the observers on the vessels and of the vessel owners hosting the observers. The proposed rule identifies new information on all vessels licensed by CCAMLR Members to harvest AMLR in the area identified in the Convention on the Conservation of Antarctic Marine Living Resources (Convention). The intent of this rule is to incorporate new conservation measures, to revise procedures to facilitate enforcement, and to fulfill U.S. agreements in CCAMLR.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Environmental Protection Agency (EPA or Agency) is taking final action to approve the nonattainment and maintenance plan for particulate matter with an aerodynamic diameter less than or equal to ten micrometers (PM-10) for the Portneuf Valley, PM-10 nonattainment area in Idaho. EPA is also granting Idaho's request to redesignate the Portneuf Valley PM-10 nonattainment area to attainment for the National Ambient Air Quality Standards (NAAQS) for PM-10.

The Office of Foreign Assets Control (``OFAC'') of the Department of the Treasury is amending appendix A to 31 CFR chapter V to (1) reflect the addition or removal from appendix A, since it was last published, of the names of individuals and entities subject to the various economic sanctions programs administered by OFAC and (2) provide updated identifying and clarifying information for certain individuals and entities included in the appendix. OFAC also is amending the notes to the appendices to 31 CFR chapter V to reflect the revisions to appendix A and changes in the status of several programs.

The Farm Credit Administration (FCA or Agency) withdraws its proposed rule to amend regulations governing investments in farmers' notes (Farmers' Notes), and terminates this rulemaking. This notice informs the public that this rulemaking has ended.

The Audio Division has denied the petition for reconsideration of Keymarket Licenses, LLC (``Keymarket''), seeking reconsideration of the Audio Division's return of Keymarket's petition for rulemaking to reallot Channel 282B from East Liverpool, Ohio, to Moon Township, Pennsylvania. Keymarket filed a petition for rule making proposing change of community for Station WOGF (FM) from East Liverpool, Ohio, to Moon Township, Pennsylvania. Keymarket also proposed to change the transmitter site of Station WOGF (FM). The proposal was returned as unacceptable, because it would exacerbate an existing short-spacing. In this Memorandum Opinion and Order, the Audio Division denied Keymarket's petition for reconsideration of the return of Keymarket's petition for rulemaking.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires repetitive inspections for cracks, sealant damage, and corrosion of the main fittings of the main landing gear (MLG), and corrective actions if necessary. This proposed AD would reduce the compliance times for inspecting certain low-utilization airplanes, and provide a terminating action for the repetitive inspections. This proposed AD results from a report of a cracked main fitting of the MLG. We are proposing this AD to detect and correct fatigue cracking of the main fitting of the MLG and consequent failure of the main fitting, which could result in the collapse of the MLG.

This document revises an earlier supplemental notice of proposed rulemaking (NPRM), applicable to all Gulfstream Aerospace Corporation Model G-159 airplanes, that would have required repetitive non-destructive testing inspections to detect corrosion of the skin of certain structural assemblies, and corrective action if necessary. The first supplemental NPRM also would have required x-ray and ultrasonic inspections to detect corrosion and cracking of the splicing of certain structural assemblies, and repair if necessary. This new action revises the proposed rule by limiting the time certain repetitive inspections may be repeated before corrective action must be taken. The actions specified by this new proposed supplemental AD are intended to detect and correct corrosion and cracking of the lower wing plank splices and spot-welded skins of certain structural assemblies, which could result in reduced controllability of the airplane. This action is intended to address the identified unsafe condition.

In order to facilitate notification to consumers of defective or nonconforming tires, our tire recordkeeping regulation sets forth, among other things, the methods by which independent tire dealers and distributors record, on standard registration forms, their names and addresses and the identification number of the tires sold to consumers, and provide these forms to the consumers for reporting their names to the tire manufacturers. One of the figures related to tire registration forms had been inadvertently deleted through an administrative error. This document corrects this inadvertent removal.

The Commission is considering whether there may be a need to update and strengthen its regulation of fireworks devices. This advance notice of proposed rulemaking (``ANPR'') initiates a rulemaking proceeding under the Federal Hazardous Substances Act (``FHSA''). The Commission is soliciting written comments concerning the risks of injury associated with fireworks that do not comply with the current fireworks device regulations, the regulatory options discussed in this notice, other possible ways to address these risks, and the economic impacts of the various regulatory alternatives. The Commission also invites interested persons to submit an existing standard, or a statement of intent to modify or develop a voluntary standard, to address the risk of injury described in this notice.\1\

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Ivy Laboratories, Div. of Ivy Animal Health, Inc. The ANADA provides for use of single-ingredient Type A medicated articles containing melengestrol, lasalocid, and tylosin to make three-way combination drug Type C medicated feeds for heifers fed in confinement for slaughter.

The State of Indiana has applied for approval of the underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed the Indiana application and has reached a final determination that Indiana's underground storage tank program satisfies all of the requirements necessary to qualify for approval under the regulations. Thus, the EPA is granting final approval to the State of Indiana to operate its Underground Storage Tank Program for petroleum and hazardous substances.

This document addresses petitions for reconsideration and clarification of the Commission's rules for 5 GHz U-NII devices adopted in the Report and Order in ET Docket No. 03-122 and revises the measurement procedures for certifying U-NII devices in the 5 GHz band. Our action will ensure that all applications for equipment certification of U-NII devices comply with the U-NII requirements.

This document denies a Petition for Reconsideration filed by Call Communications Group directed at a staff letter action in this proceeding, which dismissed the Petition for Rulemaking requesting the reservation of vacant FM Channel 224A at Key West, Florida for noncommercial educational use. With this action, the proceeding is terminated.

We deny the petition for rule making filed by Western New Life, Inc., proposing the substitution of Channel 291A for Channel 254A at Culebra, Puerto Rico. To accommodate the substitution, Petitioner also proposed the deletion of vacant Channel 291B at Vieques, Puerto Rico. We find that neither the deletion of Channel 291B, nor the alternative downgrade and substitution of Channel 254A for Channel 291B at Vieques, is in the public interest. Specifically, expressions of interest have been filed to retain the Vieques vacant channel as a Class B allotment.

On June 16, 2006, we published a document on special conditions for Cessna Aircraft Company on the Model 510 airplane for full authority digital engine control system. There was an error in the background of the document in reference to the future type certificate number. This notice removes that sentence from the background; no change to the special conditions portion is necessary.

This notice proposes to modify the Class E airspace area at Honolulu International Airport, HI. The establishment of an Area Navigation (RNAV) Required Navigation Performance (RNP) Instrument Approach Procedures (IAP) to Runway (RWY) 08L and 26L at Honolulu International Airport, Honolulu, HI has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing the RNAV (RNP) IAP to RWY 08L/26L at Honolulu International Airport. The intended effect of this proposal is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at Honolulu International Airport, Honolulu, HI.

The Environmental Protection Agency (EPA) proposes to promulgate a Federal Implementation Plan (FIP) containing emission limits and compliance determining methods for several sources located in Billings and Laurel, Montana. EPA is proposing a FIP because of our previous partial and limited disapprovals of the Billings/Laurel Sulfur Dioxide (SO2) SIP. The intended effect of this action is to assure attainment of the SO2 national ambient air quality standard (NAAQS) in the Billings/Laurel, Montana area. EPA is taking this action under sections 110 and 307 of the Clean Air Act (Act).

The Bureau of Land Management (BLM) amends its regulations concerning how BLM administers livestock grazing on public lands. The changes ensure that BLM documents its consideration of the social, cultural, environmental, and economic consequences of grazing changes; provide that changes in grazing use will be phased in under certain circumstances; allow permittees, lessees, and others to share title to range improvements with BLM in certain circumstances; make clear how BLM will authorize grazing if a BLM decision affecting a grazing permit is stayed pending administrative appeal; remove provisions in the present regulations concerning conservation use grazing permits; ensure adequate time for developing and successfully implementing an appropriate management action when BLM finds that rangelands do not meet standards and guidelines for rangeland health and that authorized grazing is a significant factor in not achieving one or more land health standards or not conforming with guidelines for grazing administration; and revise some administrative service charges. We intend these changes to contribute to improving working relationships with permittees and lessees, protecting the health of the rangelands and increasing administrative efficiency and effectiveness.

EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for elemental mercury (CAS No. 7439-97-6) used in convenience light switches, anti-lock braking system (ABS) switches, and active ride control system switches in certain motor vehicles. This action would require persons who intend to manufacture (including import) or process mercury for these uses, including when mercury is imported or processed as part of an article, to notify EPA at least 90 days before commencing such activity. EPA believes that this action is necessary because manufacturing, processing, use, or disposal of mercury switches may produce significant changes in human and environmental exposures. The required notice would provide EPA with the opportunity to evaluate the use of mercury in these switches, and, if necessary, to prohibit or limit such activity before it occurs to prevent unreasonable risk of injury to human health or the environment.